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HomeMy WebLinkAbout05-21-2025 - City Response to Applicant (WinCo) City Attorney’s Office Memorandum DATE: May 21, 2025 TO: Phil Olbrechts (olbrechtslaw@gmail.com), Hearing Examiner CC: Cynthia Moya (cmoya@rentonwa.gov), City Clerk Specialist Karl G. Anuta (klga@lokga.net), Counsel for Appellant Tim Schermetzler (tschermetzler@csdlaw.com) and Megan Holmes (mholmes@csdlaw.com), Counsel for Applicant FROM: M. Patrice Kent (pkent@rentonwa.gov), Senior Assistant City Attorney SUBJECT: City Response to Applicant’s Motion for Dismissal of Appeal of Building Permit B24004855 Mr. Hearing Examiner, I represent the City of Renton (“City”) Community & Economic Development Department (“CED”), including its employees in the Permitting and Development Services divisions in the course of their assigned duties. SUMMARY: The City agrees with Applicant WinCo Foods, LLC that the appeal by Appellant Lake Washington Working Families should be dismissed, and urges the Hearing Examiner to dismiss the appeal for substantive issues of standing, lack of appeal rights of determination of categorical exemption from State Environmental Policy Act, and exemption from site plan review based on determination of categorical exemption. BACKGROUND: Appellant, Lake Washington Working Families (“LWWF” or “Appellant”) submitted their appeal, dated April 8, 2025, to Building Permit prior to its issuance upon notice the permit was approved. Notice was publicly posted by the City and individualized notice was provided by the City Attorney’s office to counsel for the Appellant via email on March 27, 2025. The appeal asserts: 1. A coalition of parties, identified as LWWF, is a party of record. 2. The underlying project required site plan review, which was not conducted. 3. The underlying project was not categorically exempt from the Washington State Environmental Policy Act (“SEPA”). Following correspondence between the City and Appellant, a virtual hearing date was confirmed for Tuesday May 27, 2025 at 9:00 a.m. Hearing Examiner: CODE 24-000261 (REPLY – Untimely Filing) Page 2 of 3 May 21, 2025 Subsequently, by memo dated May 14, 2025, Applicant WinCo Foods, LLC (“Applicant” or “WinCo”) sought Hearing Examiner dismissal of the appeal based on: 1. Appellant LWWF lacks standing. 2. Determinations of SEPA categorical exemptions are not subject to appeal. 3. SEPA exempt projects are not subject to site plan review. 4. City Clerk did not timely notify WinCo of appeal. On Tuesday May 20, 2025, the senior planner on the underlying project, Jill Ding, provided the City staff report to the appeal (Exhibit A to this Memorandum, “Ding Report”) pursuant to RMC 4-8-100.G.3.e.vi(d). The Ding Report was provided to Appellant and Applicant via email on May 20, 2025. Pursuant to RMC 4-8-080.G, Building and Grading Permits for SEPA exempt (or for which the SEPA/land use permit process has been completed) is a “Type I” land use permit subject to an open record appeal to the Hearing Examiner. This building permit has been determined by the City to be categorically exempt from SEPA review pursuant to RMC 4-9-070.G.2 (Ding Report, pp.2-4). CITY RESPONSE TO APPLICANT’S MOTION TO DISMISS 1. Appellant LWWF lacks standing. As noted by Applicant, LWWF has identified itself as a party of record under RMC 4-8- 110.C.1, then notes they are properly a party of record due to the comments provided during administrative review. RMC 4-8-110-C.1 requires that an appellant be a party of record and that they be “aggrieved or affected by the decision pursuant to RCW 36.70C.060.” The LWWF is not apparently prejudiced by the building permit, nor are their asserted interests required to be considered by the building permit, nor would judgement in their favor substantially eliminate or redress any prejudice (RCW 36.70C.060.2) In fact, their appeal does not identify how it as a consortium, nor its individual members, are aggrieved by either the City’s decision on the building permit, or the underlying SEPA and site plan determinations. Arguably, LWWF meets RMC requirements for “party of record” as defined by RMC 4- 11-160.0.4 which identifies “any … person who submitted written comments during administrative review …”. The City agrees with the Applicant that for the purposes of RMC a person is “[a]ny person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant, other legal entity, or any other entity whatsoever or any combination of such, jointly or severally.” (RMC 4-11-160.FF) Despite Applicant’s concerns, RMC 4-8-100.G.3.g.ii, in describing the format of testimony for organizations at permit hearings, notes that “[w]henever the views of any formal or informal organization are to be presented, the organization shall designate a Hearing Examiner: CODE 24-000261 (REPLY – Untimely Filing) Page 3 of 3 May 21, 2025 representative with authority to coordinate the presentation and to speak for the group. Any communications with the organization by the Hearing Examiner or by any party of record during the course of proceedings shall be through the designated representative.” (emphasis added) Since an “informal organization” may provide testimony, it follows that RMC does not require LWWF to be a legal entity for the purpose of this administrative appeal. The City agrees that LWWF is a “party of record” but also agrees with Applicant that LWWF lacks standing – not because it is not a distinct legal entity, but because it has not even asserted that it, or its members, are aggrieved by the decision to approve and issue the building permit, and therefore does not meet requirements of standing under RMC 4- 8-110.C.1 that they are “aggrieved of affected by the decision.” 2. Determinations of SEPA categorical exemptions are not subject to appeal. The City agrees that the plain language of RMC 9-7-070.G.2 is “[th]e department’s determination that a proposal is exempt shall be final and not subject to administrative review.” Therefore, the City agrees with Applicant that the instant appeal should be denied as an attempt not to appeal the approval and issuance of the building permit, but instead to subject the determination of categorical exemption to administrative review. 3. SEPA exempt projects are not subject to site plan review. The City agrees with the Applicant’s contention that this project is not subject to site pan review, based on the City’s determination that it is categorically exempt from SEPA review. Specifically, RMC 4-9-200.C.2.b where “[a]ll development categorically exempt from review under RMC 4-9-070G, Categorical Exemptions, except in cases where: i. New dwelling units are proposed within the Residential Ten (R-10) and Residential Fourteen (R-14) zones, where existing dwelling units are included in the proposal; or ii. Proposed development exceeds the threshold of large project scale per subsection D2b of this Section” Neither the Appellant nor the Applicant claim the development is for new dwelling units, and the development is not proposed to create any of the “large project scale” delineations. Therefore the City agrees with Applicant that this appeal should be denied. 4. City Clerk did not timely notify Applicant of the appeal The City concedes it did not timely notify the Applicant but objects to the implication that it intentionally “sat on” the notice. EXHIBIT A Staff Report DATE:May 19, 2025 TO:Phil Olbrects, Hearing Examiner CC:Gina Estep, CED Administrator Matthew Herrera, Planning Director Clark Close, Current Planning Manager Patrice Kent, Senior Assistant City Attorney FROM:Jill Ding, Senior Planner SUBJECT:WinCo Building Permit (B24004855) Appeal Staff Response An administrative appeal was received by the City of Renton on April 8, 2025 on the WinCo Building Permit (B24004855). A Pre-application meeting (PRE24-000139, Exhibit 1) was held for the proposed WinCo Foods No. 177 on May 23, 2024. Pre-application comments were prepared and provided to the applicant. The pre-application comments are informal and non-binding. The pre-application submittal from the applicant, WinCo Foods, included a reuse of an existing building and a small building addition (176 sq. ft.) for access to a new compactor dock. As that scope of work included a building addition or material expansion of the building, it was communicated to the applicant that State Environmental Policy Act SEPA) review and Site Plan Review would be required. After the pre-application meeting, the applicant revised their scope of work to remove the small building addition from their proposal. The trash compactors are proposed to be located outside of the existing building and no building addition or material expansion of the building is proposed. A building permit application for WinCo was filed on September 24, 2024 (B24004855, Exhibit 2). The WinCo Foods building permit review was completed and the permit application status was updated to “Approved” by the department’s Development Services Division on March 26, 2025. As stated in their appeal, the appellant contends that the building permit application should not have been approved for the following reasons: From page 2 of appeal document filed by Karl G Anuta and received by Renton City Clerk April 8, 2025. EXHIBIT A - STAFF REPORT Page 1 of 27 Hearing Examiner Page 2 of 6 May 20, 2025 1. Lack of Required Site Plan Review: Under RMC 4-9-200(B)(2)(a), Site Plan Review is required for "all development" in the UC-2 zone in which this project is located. RMC 4-11-040(U) defines development to include "conversion," "structural alteration," and "construction" and enlargement" of any structure." The building at issue was formerly an electronics store. It is being converted into a grocery store. Thus, there is a conversion occurring. Moreover, it appears that approximately 500 micropiles will be installed and connected to bedrock to "support an interior slab" and "provide additional support for the perimeter wall footings." Retrofitting the entire foundation of the building under specifications provided by a structural engineer is - by any rational definition - a structural alteration. The addition of a concrete slab in the compactor area, a slab that appears to be integrated with or tied to the existing foundation, and the new exterior walls to screen that area, meet the definitions of enlargement and construction. The same is true of closing off an existing ingress or exit onto Garden Ave N. In addition, because "[t]he proposed project is more than three hundred (300) parking stalls," RMC 4-9-200(D)(2)(b)(v) also mandates Site Plan Review for this project. Because no Site Plan Review was completed for this application, despite the fact that multiple criteria that trigger Site Plan Review are present in the development application, the decision to approve the Building Permit without Site Plan Review was unlawful. That decision is also contrary to City Staff's prior pre-application review, which recognized that Site Plan Review was necessary. This project must meet all of Site Plan Decision Criteria in RMC 4-9-200(E), including consistency with the Comprehensive Plan, Design Regulations, Reducing Parking Impervious Areas, Access and Circulation, and Stormwater. LWWF requests that the application be re-opened, and a full Site Plan Review process undertaken. Since the project requires Site Plan Review, the Planning Division should notify the Public per RMC 4-9-200(F)(5) once a complete application has been accepted, and the City should open a public comment period on the application. Staff Response: As stated in RMC 4-9-200A.2.b, “The purpose of the site plan review process is to analyze the detailed arrangement of project elements to mitigate negative impacts where necessary to ensure project compatibility with the physical characteristics of a site and with the surrounding area. Site plan review ensures quality development consistent with City goals and policies. Site plan review analyzes elements including, but not limited to, site layout, building orientation and design, pedestrian and vehicular environment, landscaping, natural features of the site, screening and buffering, parking and loading facilities, and illumination to ensure compatibility with potential future development.” EXHIBIT A - STAFF REPORT Page 2 of 27 Hearing Examiner Page 3 of 6 May 20, 2025 The project site is located within the Urban Center-2 (UC-2) zoning designation. Site plan review is required for all development located within the UC-2 zone, however it is clear from RMC 4-9-200C.2.b this proposal/building permit would be exempt from site plan review because the project is categorically exempt from a SEPA threshold determination and the building permit consists of interior tenant improvements/facade updates as provided below: Per RMC 4-9-200C.2, the following are exempt from Site Plan Review: a. Planned urban developments; b. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Categorical Exemptions, except in cases where: i. New dwelling units are proposed within the Residential Ten (R-10) and Residential Fourteen (R-14) zones, where existing dwelling units are included in the proposal; or ii. Proposed development exceeds the threshold of large project scale per subsection D2b of this Section; c. Utilities: Underground utility projects; d. Airplane Manufacturing and Airplane Manufacturing Accessory Functions: The rehabilitation of existing structures and new structures, except when the new structure abuts a public right-of-way or public park; and e. Interior tenant improvements. An application for Site Plan Review and Environmental (SEPA) Review was filed under LUA01-052 for the construction of the existing building, surface parking lot, and associated frontage improvements. The Site Plan Review application was approved on May 8, 2001. Applications that are exempt from SEPA are also exempt from Site Plan Review in accordance with Renton Municipal Code (RMC) 4-9-200C.2.b, unless the proposed development exceeds the threshold of large project scale per RMC 4-2-200D.2.b.ii. The proposed tenant improvements for the WinCo Foods project would be exempt from SEPA see further discussion below) and the scope of work does not meet the threshold of large project scale. As indicated in a correspondence email to Mr. Anuta on October 31, 2024, the scope of work for the proposed WinCo Foods would not include the development of one hundred (100) attached residential units; the proposed project does not result in the construction of one hundred thousand (100,000) square feet of gross floor area nonresidential) in the IL or CO zones or other zones in the Employment Area (EA) land use designation; the proposed project does not result in the construction of twenty-five thousand (25,000) square feet of gross floor area (nonresidential) in the CN, CD, CA, CV, or CO zones outside the Employment Area (EA) land use designation; the proposed project EXHIBIT A - STAFF REPORT Page 3 of 27 Hearing Examiner Page 4 of 6 May 20, 2025 does not include the construction of a building that is four (4) stories or sixty feet (60') in height; the proposed project does not include the construction of a surface parking lot with three hundred (300) parking stalls; and the proposed project does not create a new parcel that is ten (10) acres in size of the project area. As the proposed improvements do not meet the threshold for large project scale, the proposed project would be exempt from both Site Plan Review and SEPA Review. However, a Building Permit (B24004855) is required for the proposed tenant improvements (Exhibit 4). From page 3 of appeal document filed by Karl G Anuta and received by Renton City Clerk April 8, 2025. 2. Lack of Required SEPA Review: This project also requires SEPA Review under WAC Chapter 197. This project is not categorically exempt under WAC 197-11-800(3). That exemption applies to work on structures that involves "no material expansions or changes in use beyond that previously existing." As outlined, the previous use of the building will change. And there will be expansions and/or structural changes to the building. Revising the structural integrity of the foundation, adding in a compactor slab, and altering street access to or exit from the site, goes well beyond the "minor alteration" description in that rule section. LWWF requests that a full SEPA review, with proper public notice and opportunity to comment, be conducted by the City for this project. Staff Response: The pre-application submittal from the applicant, WinCo Foods, included a reuse of an existing building and a small building addition (176 sq. ft.) for access to a new compactor dock. As that scope of work included a building addition or material expansion of the building, it was communicated to the applicant that SEPA and Site Plan Review would be required. After the pre-application meeting, the applicant revised their scope of work to remove the small building addition from their proposal and now the trash compactors are proposed to be located outside of the existing building and no building addition or material expansion of the building is proposed. As the proposal does not include a change of use or material expansion of the building, the proposed remodeling activities for the proposed WinCo Foods store would not be subject to the SEPA process. As provided in the city’s Environmental Review Procedures RMC 4-9-070G.2, the department determined the building permit application was exempt from a threshold determination and as such, is final and not subject to administrative review. Exhibits: Exhibit 1: Pre-application Meeting Summary (PRE24-000139) Exhibit 2: Building Permit Application EXHIBIT A - STAFF REPORT Page 4 of 27 Hearing Examiner Page 5 of 6 May 20, 2025 Exhibit 3: Building Permit (B24004855) Status Screenshot Exhibit 4: Email correspondence to Mr. Anuta, dated October 31, 2024 EXHIBIT A - STAFF REPORT Page 5 of 27 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 www.rentonwa.gov PREAPPLICATION MEETING FOR WinCo Foods No. 177 800 Garden Ave N, Renton, WA 98057 PRE 24-000139 May 23, 2024 Contact Information: Planner: Jill Ding, 425-430-6598, jding@rentonwa.gov Public Works Plan Reviewer: Yong Qi, 425-430-7439, yqi@rentonwa.gov Fire Prevention Reviewer: Corey Thomas, 425.276.9582, cthomas@RentonRFA.org Building Department Reviewer: Rob Shuey, 206.550.8523, rshuey@rentonwa.gov Please retain this packet throughout the course of your project as a reference. Consider giving copies to engineers, architects, and contractors who will work on the project. You will need to submit an PDF copy of this packet when you apply for land use and/or environmental permits. When the project application is ready for submittal, you may email the project planner to start the prescreen process. Similarly, you may contact the assigned planner if there are any questions regarding submittal requirements. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Development Engineering Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). EXHIBIT A - STAFF REPORT Page 6 of 27 M E M O R A N D U M DATE: May 14, 2024 TO: Jill Ding, Senior Planner FROM: Corey Thomas, Lead Plans Review Inspector SUBJECT: Winco Foods 1. The existing approved fire sprinkler system and fire alarm systems will be required to be updated for proposed changes in building layout. Separate plans and permits required by the fire department for the installation of the fire suppression and alarm systems. No change in required fire flow or fire hydrant requirements. 2. An approved kitchen hood fire suppression system is required for all the kitchen hood exhaust systems. Separate plans and permits required by the fire department for the installation of the fire suppression system and any liquid carbon dioxide beverage dispensing systems. 3. Fire impact fees are charged for the small addition for the new loading dock. This fee is charged at the time of building permit issuance. Credit will be granted for the existing retail use. This fee is at the rate of $0.66 per square foot of new retail. EXHIBIT A - STAFF REPORT Page 7 of 27 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 23, 2024 June 20, 2011 TO: Jill Ding, Senior Planner FROM: Yong Qi, Civil Engineer III SUBJECT: WinCo Foods TI 800 Garden Ave N, Renton, WA PRE24-000139 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above-referenced proposal located at parcel # 0823059217. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. WATER COMMENTS 1. The project is within the City of Renton’s water service area in the Kennydale 308 Pressure Zone. The approximate static water pressure is 120 psi at elevation of 32 feet. 2. The project site is located outside the City’s Wellhead Protection Area zones. 3. There is an existing 12-inch water main located in Garden Ave N that can deliver a maximum flow capacity of 5,600 gallons per minute (GPM) (Record Dwg: W-011003). 4. There is an existing 12-inch water main located in N 8th St that can deliver a maximum flow capacity of 5,600 GPM (Record Dwg: W-011003). 5. There is an existing 12-inch water main within an easement (KC recording number 20041223001308) on the parcel that can deliver a maximum flow capacity of 5,600 GPM Record Dwg: W-294501). 6. There are six existing fire hydrants within 300 feet of the property and three existing hydrants on the property, no additional fire hydrants are required per Renton Regional Fire Authority. 7. There is an existing 2-inch domestic water meter with a 2'' pressure reducing valve serving the existing building (Facility ID No. MTR-009121) located west of the along N 8th St. o Applicant to confirm if there the existing building is equipped with an in-premise RPBA. If not equipped one, a reduced-pressure backflow prevention assembly (RPBA) is required for water meter for retail, commercial, industrial water use. The RPBA shall be EXHIBIT A - STAFF REPORT Page 8 of 27 WinCo Foods TI_PRE24-000139 Page 2 of 4 May 23, 2024 2 installed inside an above-ground heated enclosure per City standard plan no. 360.1. The RPBA may be located inside the building if a drainage outlet for the relief valve is provided, and the location is pre-approved by the City Plan Reviewer and City Water Utility Department. 8. There is an existing 6-inch fire water service with a DDCVA of back flow prevention system Facility ID No. MTR-016240) located west of the along N 8th St. 9. There is an existing 1-inch irrigation water service serving the project site (Facility ID No. MTR- 011380) located east of the existing building within the southeast portion of the site. 10. A new private owned Pressure Reducing Valve (PRV) will be required if the existing pressure reducing valve is damaged or broken. 11. Based on the review of project information submitted for the pre-application meeting, Renton Regional Fire Authority has determined that the preliminary fire flow demand for the proposed development will be the same as existing building, and the existing fire sprinkler system and fire alarm systems will be required to be updated for proposed changes in building layout. 12. The development is subject to meter installation fees based on the number and size of the meters for domestic uses and for fire sprinkler use if upgrading is required or needed. Current fees can be found in the 2024 Development Fees document on the City’s website. Fees will be charged based on the rate at the time of construction permit issuance. a) The SDC fee for water is based on the size of the new domestic water, if any, to serve the project. The current water fee for a single 1-inch meter is $4,850.00 per meter, 1-1/2-inch meter is $24,250.00 and a 2-inch meter is $38,800.00. b) Water Service installation fee is $2,875.00 per 1-inch service line, $4,605.00 per 1-1/2-inch service line, and $4,735.00 per 2-inch service line. c) Drop-in meter fee is $460.00 per meter for a 1-inch meter, $750.00 for a 1-1/2-inch meter, and $950.00 for a 2-inch meter. This is payable at issuance of the building. d) Credits will be applied to the existing services if abandoned. e) Final determination of applicable fees will be made after the water meter size has been determined. SDC fees are assessed and payable at civil construction permit issuance. f) The full fee schedule can be found at: https://edocs.rentonwa.gov/Documents/DocView.aspx?id=10067870&dbid=1&repo=Cityof Renton. SEWER COMMENTS 1. The project is within the City of Renton’s sanitary sewer service area. 2. There is an existing 21-inch gravity wastewater main located in N 8th St (Record Dwg: S-016805). 3. There is an existing 8-inch gravity wastewater main located in Garden Ave N (Record Dwg: S- 235701). 4. There is an existing 6-inch side sewer serving the existing building, which is connecting to the 8- inch sewer main in Garden Ave N (Record Dwg: S-294503). 5. A grease interceptor is required for the proposed commercial kitchen. 6. The development will be subject to a wastewater system development charge (SDC) fee if upgrading or addition domestic water meters are proposed. SDC fee for sewer is based on the size of the new domestic water to serve the project. Current fees can be found in the 2024 Development Fees Document on the City’s website. Fees will be charged based on the rate at the time of construction permit issuance. EXHIBIT A - STAFF REPORT Page 9 of 27 WinCo Foods TI_PRE24-000139 Page 3 of 4 May 23, 2024 3 a. The current sewer fee for a 1-inch meter is $3,650.00 per meter, 1-1/2-inch meter is 18,250.00 and a 2-inch meter is $29,200.00. b. SDC fees are payable at construction permit issuance. c. A credit of the SDC in the amount equal to the SDC fee for the size of the previous water meter, if abandoned, will be applied. d. The full fee schedule can be found at: https://edocs.rentonwa.gov/Documents/Browse.aspx?id=8217302&dbid=1&repo=Cityo fRenton. SURFACE WATER 1. There is an existing 72-inch stormwater main within an easement on the west side of the parcel no record drawing available) that routes Johns Creek, a non-fish seasonal creek, around the parcel. 2. There is an existing 42-inch stormwater main in N 8th St (Project File: TED4002448). 3. There is an existing 48-inch stormwater main in Garden Ave N (no record drawing available). 4. There are two, private, on-site conveyance systems discharging to the southwest and northwest of the parcel (Record Dwg: R-294508). 5. Refer to Figure 1.1.2.A – Flow Chart in the 2022 City of Renton Surface Water Manual (2022 RSWDM) to determine what type of drainage review is required for this site. A drainage study complying with the 2022 RSWDM may be required. Based on the City’s flow control map, the site falls within the City’s Peak Rate Flow Control Standard area (Matching Existing Site Conditions). The site falls within the East Lake Washington drainage basin. 6. If the new plus replaced pollution generating impervious surface exceeds 5,000 SF, the applicant will be required to provide enhanced basic water quality treatment. Any proposed detention and/or water quality vault shall be designed in accordance with the 2022 RSWDM. Separate structural plans will be required to be submitted for review and approval under a separate building permit for the detention and/or water quality vault. Special inspection from the building department is required. 7. Erosion control measures to meet the City requirements shall be provided. 8. The current City of Renton Surface Water Standard Plans that shall be used in all onsite drainage submittals. The current City of Renton Standard details are available online at the City of Renton website: https://edocs.rentonwa.gov/Documents/Browse.aspx?id=990403&dbid=0&repo=CityofRenton. 9. The development may be subject to a surface water system development charge (SDC) fee. Fees will be charged based on the rate at the time of construction permit issuance. a. The 2024 Surface water system development fee is $0.92 per square foot of new impervious surface, but no less than $2,300.00. b. The full schedule can be found at: https://edocs.rentonwa.gov/Documents/Browse.aspx?id=8217302&dbid=1&repo=Cityo fRenton&cr=1. TRANSPOTATION 1. An accessible route of travel meeting American’s With Disabilities Act’s requirements (ADA) from the public right of way to the working facilities is required and will be reviewed in conjunction EXHIBIT A - STAFF REPORT Page 10 of 27 WinCo Foods TI_PRE24-000139 Page 4 of 4 May 23, 2024 4 with the building permit submittal. The existing onsite ADA parking and landings will also be reviewed. Additional parking spaces, restriping and ramps may be required. 2. As this project is proposing a majorly interior remodel and no new construction or additions valued at over $175,000, no street frontage improvements or right of way dedication are required, however, if during Land-Use and/or other agency reviews it is determined that outside site and parking/lot improvements are required, the project may become subject to further transportation review. 3. Since the project is proposing a change in use that may result in additional traffic, a traffic study meeting City of Renton traffic study guidelines is required at the land-use submittal. If the result of the study is more than 20 new trips in the AM or PM peak hours, a traffic impact analysis will be required. 4. The development is subject to transportation impact fees. Fees will be assessed at the time of a complete building permit application. The 2024 transportation impact fee for net new pm peak hour person vehicle trips is $8,031.94 per trip. GENERAL COMMENTS 1. All existing and proposed utility lines (i.e., electrical, phone, and cable services, etc.) along property frontage or within the site must be underground. The construction of these franchise utilities must be inspected and approved by a City of Renton inspector. 2. Adequate separation between utilities as well as other features shall be provided in accordance with code requirements: a. 7-ft minimum horizontal and 1-ft vertical separation between storm and other utilities is required with the exception of water lines which require 10-ft horizontal and 1.5-ft vertical. b. The stormwater line should be minimum 5 feet away from any other structure or wall or building. c. Trench of any utility should not be in the zone of influence of the retaining wall or of the building. 3. All civil construction permits for utility and street improvements will require separate plan submittals. All utility plans shall confirm to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. Please visit the Development Engineering Forms page for the most up-to-date plan submittal requirements: http://rentonwa.gov/business/default.aspx?id=42473 4. A landscaping plan and tree retention shall be included with the civil plan submittal. Each plan shall be on separate sheets. 5. Additional Building Permit Applications will be required for the following: a. Any retaining walls that exceed 4 feet in height, as defined by RMC 4-4-040. b. Detention vaults for storm water flow control. c. Demo of any existing structures on the project site(s). 6. Fees quoted in this document reflect the fees applicable in the year 2024 only and will be assessed based on the fee that is current at the time of the permit application or issuance, as applicable to the permit type. Please visit www.rentonwa.gov for the current fee schedule. EXHIBIT A - STAFF REPORT Page 11 of 27 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 23, 2024 TO: Pre-Application File No. PRE24-000139 FROM: Jill Ding, Senior Planner SUBJECT: WinCo Foods No. 177 – 800 Garden Ave N, Renton, WA 98057 Parcel No. 0823059217 General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision- makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, Development Engineering Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available online at https://www.codepublishing.com/WA/Renton. Project Proposal: The project site is located at the northeast corner of the intersection of N 8th St and Garden Ave N at 800 Garden Ave N (parcel no. 0823059217). The project site totals approximately 501,611 square feet (11.5 acres) in area and is zoned Urban Center-2 (UC-2). The proposal includes the reuse of an existing non-conforming 151,840 square foot building. WinCo Foods would occupy 104,337 square feet of the 151,840 square foot existing building and the remaining portion would be demised off to allow access to the existing truck dock. A small 176 square foot addition is proposed on the west side of the building for access to a new compactor dock. The new total building area would be 152,016 square feet. The existing surface parking lot currently includes 708 parking spaces. The proposal includes the removal of 24 spaces for the new compactor deck on the west side and the removal of 34 spaces for cart corals. A total of 650 parking spaces would remain. Access would remain via the existing curb cut off N 8th St and the three (3) existing curb cuts off Garden Ave N. The site is mapped with a high seismic hazard area. Current Use: Currently the site is occupied with an existing 151,840 square foot thirty-two foot 32’) tall vacant non-conforming building, which is proposed to remain. 1. Zoning /Land Use Designation, and Overlays: The project site is located within the Commercial Mixed Use (CMU) land use designation, the Urban Center-2 (UC-2) zoning designation, and Urban Design District C. Retail sales is a permitted use within the UC-2 zone, provided all of the following conditions are met: EXHIBIT A - STAFF REPORT Page 12 of 27 WinCo Foods No. 177 Page 2 of 9 May 23, 2024 a. All development shall be architecturally and functionally integrated into the overall shopping center or mixed-use development. Buildings shall be mixed-use except for retail buildings with more than seventy five thousand (75,000) square feet, structured parking, and a maximum building footprint of sixty five thousand (65,000) square feet, or structures smaller than five thousand (5,000) square feet. Single-use retail buildings are not allowed east of Lake Washington Boulevard North; and b. In the UC Zones, buildings adjacent to pedestrian-oriented streets, as designated via Master Plan or a similar document approved by the City, shall have ground-floor commercial uses. Where required, commercial space shall be provided on the ground floor at thirty feet 30') in depth along any street frontage. Averaging the minimum depth may be permitted through the site plan review process, provided no portion of the depth is reduced to less than twenty feet (20'). All commercial space on the ground floor shall have a minimum floor- to-ceiling height of fifteen feet (15') 2. Development Standards: The property is located within the Commercial Mixed Use (CMU) land use designation and the Urban Center-2 (UC-2) zoning classification. The project would be subject to RMC 4-2-120A, “Development Standards for Commercial Zoning Designations” effective at the time of complete application (noted as “UC-2 standards” herein). These standards are available online: https://www.codepublishing.com/WA/Renton/. Minimum Lot Size, Width and Depth – The minimum lot size in the UC-2 zone is 25 acres. The minimum lot size can be amended through the Master Plan and Site Plan Review. There are no minimum lot width or depth requirements in the UC-2 zone as the proposal does not include a residential plat. No subdivision is proposed, therefore compliance with this requirement is not applicable. Setbacks – Setbacks are the minimum required distance between the building footprint and the property line and any private access easement. The required setbacks in the UC-2 zone are as follows: 15-foot minimum front/secondary front yard along a street setback; a 20-foot maximum front/secondary front yard setback; and no rear or side yard setbacks, except 15 feet when the site abuts a residential zone. Any additions or new structures would be reviewed for compliance with the setback requirements. Building Height – The maximum building height permitted in the UC-2 zone is 10 stories along primary and secondary arterials and 6 stories along residential/minor collectors. Any new modifications to the existing structure would be reviewed for compliance with building height requirements. Building Coverage – The UC-2 zone allows a maximum building coverage of 90% of total area or 100% if parking is provided within the building or within a parking garage. The building covers approximately 30% of the site. Building coverage requirements for the site would be verified at the time of formal land use application. Vehicular Connection: A connection shall be provided for site-to-site vehicle access ways, where topographically feasible, to allow a smooth flow of traffic across abutting UC-2 lots without the need to use a street. Access may comprise the aisle between rows of parking stalls. EXHIBIT A - STAFF REPORT Page 13 of 27 WinCo Foods No. 177 Page 3 of 9 May 23, 2024 3. Screening: Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. The site plan application will need to include elevations and details for the proposed methods of screening (see RMC 4-4-095). 4. Refuse and Recycling Areas: Refuse and recycling areas need to meet the requirements of RMC 4-4-090, “Refuse and Recyclables Standards”. There are general requirements for all uses for location, signage, screening, and setbacks for collection areas and specific requirements. In retail developments, a minimum of five (5) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten (10) square feet per one thousand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recycling and refuse deposit areas. Compliance with this requirement would be verified at the time of land use application. 5. Fences/Walls: If the applicant intends to install any fences or retaining walls as part of this project, the location must be designated on the landscape plan or grading plan. A fence and/or wall detail should also be included on the plan. A fence taller than six feet (6’) shall require a building permit or an explicit exemption from the Building Official. A retaining wall that is four feet (4’) or taller, as measured by the vertical distance from the bottom of the footing to the finish grade at the top of the wall requires a building permit. A fence shall not be constructed on top of a retaining wall unless the total combined height of the retaining wall and the fence does not exceed the allowed height of a standalone fence. For more information about fences and retaining walls refer to RMC 4-4-040. 6. Landscaping: The development standards require that all pervious areas within the property boundaries be landscaped. Therefore, all areas of the site not covered by structures, required parking, access, circulation or patios, must be landscaped with native, drought-resistant vegetative cover. Ten feet (10') of on-site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways. Surface parking lots with 100 or more parking spaces are required to provide 35 square feet of interior parking lot landscaping per parking space, as specified below: Interior Parking Lot Landscaping: Landscaping is required in parking lots in the amounts stipulated in RMC 4-4-070F Any interior parking lot landscaping area shall be sized to dimensions of at least eight feet (8') by twelve feet (12'). Landscaping shall be dispersed throughout the parking area and shall include a mixture of trees, shrubs, and groundcover as follows: a. Trees shall be two inches (2") in diameter at breast height (dbh) for multi-family, commercial, and industrial uses. At least one tree for every six (6) parking spaces within the lot interior shall be planted. b. Shrubs at the minimum rate of one per twenty (20) square feet of landscaped area shall be planted. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover shall be planted in sufficient quantities to provide at least ninety percent 90%) coverage of the landscaped area within three (3) years of installation. d. There shall be no more than fifty feet (50') between parking stalls and an interior parking lot landscape area. EXHIBIT A - STAFF REPORT Page 14 of 27 WinCo Foods No. 177 Page 4 of 9 May 23, 2024 Perimeter Parking Lot Landscaping: Such landscaping shall be at least ten feet (10') in width as measured from the street right-of-way. Standards for planting shall be as follows: a. Trees shall be two inches (2") in diameter at breast height (dbh) for multi-family, commercial, and industrial uses at an average minimum rate of one tree per thirty (30) lineal feet of street frontage. b. Shrubs at the minimum rate of one per twenty (20) square feet of landscaped area. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover in sufficient quantities to provide at least ninety percent (90%) coverage of the landscaped area within three (3) years of installation. Please refer to landscape regulations (RMC 4-4-070) for additional general and specific landscape requirements. A conceptual landscape plan demonstrating compliance with the landscape standards shall be submitted at the time of land use application. 7. Significant Tree Retention: When significant trees (greater than 6-inch caliper or 8-caliper inches for alders and cottonwoods) are proposed to be removed, a tree inventory and a tree retention plan along with an arborist report, tree retention plan and tree retention worksheet shall be provided with the formal land use application as defined in RMC 4-8-120. The tree retention plan must show preservation of at least 30% of significant trees. Please refer to RMC 4-4-130, Tree Retention and Land Clearing Regulations for further general and specific tree retention and land clearing requirements. In addition to retaining a minimum of 30% of existing significant trees, properties subject to an active land development permit shall comply with minimum tree credit retention requirements of a minimum of 30 credits per net acre. Tree credits encourage retention of existing significant trees with larger trees being worth more tree credits. TREE SIZE TREE CREDITS New small species tree 0.25 New medium species tree 1 New large species tree 2 Preserved tree 6 – 9 caliper inches 4 Preserved tree 10 – 12 caliper inches 5 Preserved tree 12 – 15 caliper inches 6 Preserved tree 16 – 18 caliper inches 7 Preserved tree 19 – 21 caliper inches 8 Preserved tree 22 – 24 caliper inches 9 Preserved tree 25 – 28 caliper inches 10 EXHIBIT A - STAFF REPORT Page 15 of 27 WinCo Foods No. 177 Page 5 of 9 May 23, 2024 TREE SIZE TREE CREDITS Preserved tree 29 – 32 caliper inches 11 Preserved tree 33 – 36 caliper inches 12 Preserved tree 37 caliper inches and greater 13 Significant trees shall be retained in the following priority order: Priority One: Landmark trees; significant trees that form a continuous canopy; significant trees on slopes greater than twenty percent (20%); significant trees adjacent to critical areas and their associated buffers; significant trees over sixty feet (60') in height or greater than eighteen inches (18") caliper; and trees that shelter interior trees or trees on abutting properties from strong winds, which could otherwise allow such sheltered trees to be blown down if removed. Priority Two: Healthy tree groupings whose associated undergrowth can be preserved; other significant native evergreen or deciduous trees; and other significant non-native trees. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained unless the alders and/ or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. The Administrator may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. The Administrator may authorize the planting of replacement trees on the site if it can be demonstrated to the Administrator's satisfaction that replacement requirements in RMC 4-4- 130H1e can be met. Tree retention standards shall be applied to the developable area, as defined in RMC 4-11- 040, Definitions D, of a property. A formal tree retention/planting plan and tree retention and tree credit worksheet prepared by an arborist or landscape architect would be reviewed at the time of the land use application. 8. Parking: The following ratios would be applicable to the site: Use Square Footage of Use Ratio Required Spaces Retail 152,016 Min/Max: 2.5 spaces / 1,000 sf of net floor area 380 Based on the areas provided, a total of 380 parking spaces would be required for the proposed WinCo Foods. The proposal for 650 stalls would exceed this requirement. A twenty five percent (25%) reduction or increase from the minimum or maximum number of parking spaces may be granted for nonresidential uses through site plan review if the applicant can justify the modification to the satisfaction of the Administrator. Justification might include, but is not limited to, quantitative information such as sales receipts, documentation of customer frequency, and parking standards of nearby cities. EXHIBIT A - STAFF REPORT Page 16 of 27 WinCo Foods No. 177 Page 6 of 9 May 23, 2024 The applicant will be required at the time of formal land use application to provide detailed parking information (i.e. stall and drive aisle dimensions) and calculations of the subject site. It should be noted that the parking regulations specify standard stall dimensions. Surface parking stalls must be a minimum of 9 feet x 20 feet, compact dimensions of 8½ feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet; compact surface parking spaces shall not account for more than 30 percent of the spaces in the surface parking lots. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. Bicycle parking shall be provided at a rate of 10 percent of the number of required parking spaces. Please review RMC 4-4-080F.10 and RMC 4-4-080F.1 for further general and specific bicycle parking requirements. 9. Access/Driveways: The project site currently has three (3) separate access points to the property, one (1) off of N 8th St, and two (2) off Garden Ave N. All existing curb cuts are proposed to remain. Driveway widths are limited by the driveway standards, in RMC 4-4080I. There shall be no more than two (2) driveways for each three hundred thirty feet (330') of street frontage serving any one property or among abutting properties under unified ownership or control. For each additional one hundred sixty five feet (165') of street frontage an additional driveway may be allowed. Please review RMC 4-4-080I for further driveway requirements. 10. Urban Design Standards: Compliance with Urban Design Regulations, District ‘C’, is required. See Renton Municipal Code section 4-3-100. The following bullets are a few of the standards outlined in the regulations. A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian- oriented space. The pedestrian-oriented space shall be provided according to the following formula: 1% of the site area + 1% of the gross building area, at minimum. All building facades shall include measures to reduce the apparent scale of the building and add visual interest. Examples include modulation, articulation, defined entrances, and display windows. All buildings shall be articulated with one or more of the following: Defined entry features; Bay windows and/or balconies; Roof line features; or other features as approved by the Administrator. EXHIBIT A - STAFF REPORT Page 17 of 27 WinCo Foods No. 177 Page 7 of 9 May 23, 2024 All buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade; or provide an additional special design feature such as a clock tower, courtyard, fountain, or public gathering area. Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of four and one-half feet (4-1/2') wide along at least seventy five percent (75%) of the length of the building facade facing the street, a maximum height of fifteen feet (15') above the ground elevation, and no lower than eight feet (8') above ground level. Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be fifty percent (50%). On any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent (50%) of the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). Where windows or storefronts occur, they must principally contain clear glazing. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. In accordance with RMC 4-3-100B.1.iv the reuse on a non-conforming building that has been vacant for a period of more than one (1) year is subject to compliance with the Urban Design Regulations. The existing building and site would need to be brought into compliance with the Urban Design Regulations. A revised site plan and architectural elevations demonstrating compliance with the Urban Design Regulations would be required at the time of formal application. 11. Critical Areas: A high seismic hazard area is mapped on the project site. The applicant would be required to provide a geotechnical report demonstrating the proposal would not increase the threat of the geological hazard to adjacent or abutting properties beyond pre- development conditions; the proposal will not adversely impact other critical areas; and the development can be safely accommodated on the site. 12. Environmental Review: The proposal would be subject to Environmental (SEPA) Review as the proposal includes alterations to an existing commercial buildings in excess of 4,000 square feet with more than 20 parking spaces, in accordance with WAC 197-11-800. 13. Site Plan Review: Per RMC 4-9-200, site plan review is required for any development within the UC-2 zone. The purpose of the site plan review process is to analyze the detailed arrangement of project elements to mitigate negative impacts where necessary to ensure project compatibility with the physical characteristics of a site and with the surrounding area. Site plan review ensures quality development consistent with City goals and policies. Site plan review analyzes elements including, but not limited to, site layout, building orientation and design, pedestrian and vehicular environment, landscaping, natural features of the site, screening and buffering, parking and loading facilities, and illumination to ensure compatibility with potential future development. Decisional criteria for site plan approval are itemized in RMC 4-9-200E.3. EXHIBIT A - STAFF REPORT Page 18 of 27 WinCo Foods No. 177 Page 8 of 9 May 23, 2024 14. Permit Requirements: The proposal would require Hearing Examiner Site Plan Review, and Environmental (SEPA) Review. All land use permits would be processed within an estimated time frame of 12 weeks. The 2024 application fees are as follows: Hearing Examiner Site Plan Review is $4,270, and SEPA Review (Environmental Checklist) is $1,800. The fee for any Code Modifications are $290 each. A 5% technology fee would also be assessed at the time of land use application. All fees are subject to change. Detailed information regarding the land use application submittal can be found on the City’s Permit Center website (www.Rentonwa.gov). The City now requires electronic plan submittal for all applications. In addition to the required land use permits, separate construction and building permits may be required. 15. Waivers of Submittal Requirements: The submittal checklist is not an exhaustive list of submittal requirements and may be modified in cases where additional information is required to complete the review of an application. In addition, non-applicable submittal requirements may be waived. The applicant should contact the assigned Project Manager if there are any questions regarding submittal requirements. 16. Public Information Sign: Public Information Signs are required for all Type II and Type III Land Use Permits as classified by RMC 4-8-080. Public Information Signs are intended to inform the public of potential land development, specific permits/actions being considered by the City, and to facilitate timely and effective public participation in the review process. The applicant must follow the specifications provided in the public information sign handout. The applicant is solely responsible for the construction, installation, maintenance, removal, and any costs associated with the sign. 17. Public Meeting: Please note a neighborhood meeting, according to RMC 4-8-090, is required for: a. Preliminary plat applications; b. Planned urban development applications; and c. Projects estimated by the City to have a monetary value equal to or greater than ten million dollars ($10,000,000), unless waived by the Administrator. The intent of this meeting is to facilitate an informal discussion between the project developer and the neighbors regarding the project. The neighborhood meeting shall occur after a pre- application meeting and before submittal of applicable permit applications. The public meeting shall be held within Renton city limits, at a location no further than two (2) miles from the project site. 18. Public Outreach Sign: Preliminary plats, planned urban development applications, and projects estimated by the City to have a monetary value equal to or greater than ten million dollars ($10,000,000), unless waived by the Administrator require the applicant to install a public outreach sign. Public outreach signs are intended to supplement information provided by public information signs by allowing an applicant to develop a personalized promotional message for the proposed development. The sign is also intended to provide the public with a better sense of proposed development by displaying a colored rendering of the project and other required or discretionary information that lends greater understanding of the project. EXHIBIT A - STAFF REPORT Page 19 of 27 WinCo Foods No. 177 Page 9 of 9 May 23, 2024 19. Impact Fees: In addition to the applicable building and construction fees, impact fees would be required. Fees change periodically and the fees in effect at the time of building permit issuance would apply. For informational purposes, the 2023 impact fees are as follows: A Fire Impact fee of $0.66 per square foot of new retail area; and A Transportation Impact fee of $8,031.94 per new PM Peak Hour trip. The city’s 2023-2024 fee schedule is available for your review on the City’s website. 20. Next Steps: When the formal application materials are complete, the applicant shall have the materials pre-screened prior to submitting the complete application package. Please contact Jill Ding, Senior Planner, at 425-430-6598 or jding@rentonwa.gov to submit prescreen materials and subsequent land use application. 21. Expiration: Upon Site Plan approval, the approval is valid for two years with a possible two- year extension. It is the applicant’s responsibility to monitor the expiration dates. EXHIBIT A - STAFF REPORT Page 20 of 27 rentonwa.gov/permitservices | permittech@rentonwa.gov | 425- 430-7215 2/12/2024 | Page 1 of 3 CITY OF RENTON PERMIT SERVICES BUILDING PERMIT APPLICATION COMMERCIAL/ MULTI-FAMILY INSTRUCTIONS: Application must be filled out completely and signed in order to be submitted for review and acceptance. This applica- tion is good for one (1) year from the application acceptance date. A one –time extension of one (1) year can be re- quested at a cost of half the plan review fee. Once issued, the permit is good for eighteen (18)months from the issue date. A one –time extension of eighteen (18) months can be requested at a cost of half the permit fee. Follow our Elec- tronic File Standards if plan review is required. This application must be a .pdf and included in your submittal. PROJECT INFORMATION PROJECT ADDRESS: BLDG/SUITE NUMBER: PARCEL NUMBER: DESCRIPTION OF WORK: TENANT NAME: FOR OFFICE USE ONLY PERMIT #________________ PROJECT #___________________ LUA #_________________ VALUATION VALUE OF WORK: BOEING JOB # (If applicable): KING COUNTY ASSESSORS VALUE: LENDER? (Provide name, address, and phone number): OWNER INFORMATION NAME: PHONE: ADDRESS: CONTACT INFORMATION (This person will be the sole point of contact for this application) NAME: PHONE: EMAIL: CONTRACTOR INFORMATION* DOING WORK AS OWNER/CONTRACTOR? If yes, the owner will need to fill out the Owner Affidavit Form. Include this form with your submittal. Tenants cannot do the work without written permission from the owner. A LICENSED CONTRACTOR WILL BE DOING THE WORK. Fill out the portion below. NAME: PHONE: STATE OF WASHINGTON CONTRACTOR’S LICENSE: CITY OF RENTON BUSINESS LICENSE: EXHIBIT A - STAFF REPORT Page 21 of 27 rentonwa.gov/permitservices | permittech@rentonwa.gov | 425- 430-7215 2/12/2024 | Page 2 of 3 BUILDING PERMIT APPLICATION TYPE OF WORK ACCESSORY STRUCTURE ADDITION EXTERIOR ALERATION GARAGE INTERIOR TENANT IMPROVEMENT MODULAR NEW PORTABLE WIRELESS FACILITY AWNING DOCK RETAINING WALL STORAGE RACKING STORM VAULT POOL SOLAR OTHER ____________________________ LAND INFORMATION LOT SIZE: SITE COVERAGE %: OF STORIES: BUILDING HEIGHT: BUILDING INFORMATION (YES/NO) AUTOMATIC SPRINKLER REQUIRED: ALARM: QUICK RESPONSE THROUGHOUT: SMOKE CONTROL: If yes, please provide analysis letter. HAZARDOUS MATERIAL: CHANGE OF OCCUPANCY: BASEMENT: # OF STORIES: SPECIAL CONDITIONS If yes, please explain: BUILDING INFORMATION FOR PROPOSED WORK—PER IBC LOCATION** ALTERATION Sq/Ft) NEW/ADDED Sq/Ft) CONSTRUCTION TYPE EXISTING OCCUPANCY PROPOSED OCCUPANCY OF OCCUPANTS OCCUPANCY LOAD TOTAL: Enter location by occupancy type (i.e. B, S-1, A, M, etc.) and by floor or suite number EXHIBIT A - STAFF REPORT Page 22 of 27 rentonwa.gov/permitservices | permittech@rentonwa.gov | 425- 430-7215 2/12/2024 | Page 3 of 3 BUILDING PERMIT APPLICATION SUPPLEMENTAL INFORMATION IS THIS PART OF AN ONGOING CODE ENFORCEMENT CASE? If yes, please list code case number: EXISTING BUILDING INFORMATION CONSTRUCTION TYPE: OCCUPANCY GROUP: SQUARE FOOTAGE: CODE YEAR: I certify that the information on this application furnished by me is true and correct and that the applicable requirements of the City of Renton will be met. I understand that this application is valid for one (1) year from the application date. If a permit is not issued during this time period, the application will become void. This application does not constitute a permit to work. Work is not to commence until the building permit is posted on premises where work is to be performed. Certification is hereby rendered that no work is to be done except as described, and that all work shall conform to applicable codes. Work in public rights-of-way and/or utility easements are not authorized under this application. Any work done without the benefit of having a building permit issued is subject to double the permit fee as well as an investigation fee. Fees to be paid at permit intake. APPLICANT SIGNATURE:___________________________________________________DATE:_____________________ PRINT NAME:______________________________________________________________________________________ EXHIBIT A - STAFF REPORT Page 23 of 27 EXHIBIT A - STAFF REPORT Page 24 of 27 1 Jill Ding From:Jill Ding Sent:Thursday, October 31, 2024 12:03 PM To:kga@lokga.net Cc:Clark Close; Matthew Herrera Subject:WinCo Development at 800 Garden Ave N, Renton Mr. Anuta, On October 30, 204, the city received your October 22, 2024 letter titled “Re: WinCo Application to Convert and Develop 800 Garden Ave. N” regarding the proposed tenant improvements at 800 Garden Ave N for WinCo Foods No. 177. A pre-application meeting (PRE24-000139) was held on May 23, 2024 for the proposed store. The pre- application submittal from the applicant, WinCo Foods, included a reuse of an existing building and a small building addition (176 sq. ft.) for access to a new compactor dock. The State Environmental Policy Act (SEPA) rules and categorical exemptions (WAC 197-11-800) specify the following: 3) Repair, remodeling and maintenance activities. The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, recreation, and transportation facilities involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). The following maintenance activities shall not be considered exempt under this subsection: a) Dredging of over 50 cubic yards of material; b) Reconstruction or maintenance of groins and similar shoreline protection structures; c) Replacement of utility cables that must be buried under the surface of the bedlands; or d) Repair/rebuilding of major dams, dikes, and reservoirs shall also not be considered exempt under this subsection. As the proposal that was submitted for the pre-application meeting included a building addition or material expansion of the building, it was communicated to the applicant that SEPA and Site Plan Review would be required. After the pre-application meeting, the applicant revised their proposal to remove the small building addition from their proposal and now the trash compactors are proposed to be located outside of the existing building and no building addition or material expansion of the building is proposed. As the proposal does not include a change of use or material expansion of the building, the proposed remodeling activities for the proposed WinCo Foods store would no longer the subject to the SEPA process. In addition, applications that are exempt from SEPA are also exempt from Site Plan review in accordance with Renton Municipal Code (RMC) 4-9-200C.2.b, unless the proposed development exceeds the threshold of large project scale per RMC 4-2-200D.2.b. The proposed project does not include the development of one hundred (100) attached residential units; the proposed project does not result in the construction of one hundred thousand 100,000) square feet of gross floor area (nonresidential) in the IL or CO zones or other zones in the Employment Area (EA) land use designation; the proposed project does not result in the construction of twenty-five thousand 25,000) square feet of gross floor area (nonresidential) in the CN, CD, CA, CV, or CO zones outside the Employment Area (EA) land use designation; the proposed project does not include the construction of a building EXHIBIT A - STAFF REPORT Page 25 of 27 2 that is four (4) stories or sixty feet (60') in height; the proposed project does not include the construction of a surface parking lot with three hundred (300) parking stalls; and the proposed project does not create a new parcel that is ten (10) acres in size of project area. As the proposed improvements do not meet the threshold for large project scale, the proposed project would be exempt from both Site Plan Review and SEPA Review. However, a Building Permit (B24004855) is required for the proposed tenant improvements. Please contact me if you have any questions. JILL DING, Senior Planner City of Renton // Planning Virtual Permit Center // Online Applications and Inspections office 425-430-6598 NOTICE OF PUBLIC DISCLOSURE: This message complies with Washington State’s Public Records Act – RCW 42.56 EXHIBIT A - STAFF REPORT Page 26 of 27 Hearing Examiner Page 6 of 6 May 20, 2025 EXHIBIT A - STAFF REPORT Page 27 of 27